The trademark EBELIN was filed by Dm-drogerie markt GmbH + Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 21, 2005, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on November 21, 2005 by MUNDIAL S.A. PRODUTOS DE CONSUMO on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and its proceedings were handled in English The second opposition filed on November 20, 2005 by PHARMA OTC, S.L. on Likelihood of confusion. the opponent was represented by PONTI & PARTNERS, S.L.P and its proceedings were handled in English The third opposition filed on October 27, 2005 by SOCIEDAD ANONIMA DE CORSETERIA SADECOR on Likelihood of confusion. and its proceedings were handled in English
It was designated 'Basic Application' for International Application 0964710 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2010.The first Cancellation was filed by BEAUTY BRANDS CONCEPT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (represented by ???) on March 6, 2022 and Suspended.
The renewal of the trademark was recorded by the office on June 10, 2014.
Change of name and address of the trademark registration was recorded on July 13, 2008. International trade mark of the trademark registration was recorded on November 21, 2010. Change of name and professional address of the trademark registration was recorded on February 20, 2014. Change of name and professional address of the trademark registration was recorded on March 3, 2014. Change of name and professional address of the trademark registration was recorded on April 7, 2014. Claims of seniority of the trademark registration was recorded on July 1, 2014. Partial Surrender of the trademark registration was recorded on August 4, 2014. Declaration under Art.28(8) EUTMR of the trademark registration was recorded on November 30, 2016. Change of name and professional address of the trademark registration was recorded on June 25, 2017. Change of name and address of the trademark registration was recorded on September 8, 2019. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on April 22, 2021. Change of name and professional address of the trademark registration was recorded on June 19, 2022.
The Opposition with reference B 000925166 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on April 26, 2010 by the EUIPO. The Opposition with reference B 000935967 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on April 6, 2008 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark E24586/8Wz registered on November 19, 1984 and filed on September 21, 1984 which was refused by the office.
Goods And Services
The mark was filed in class 3 with following description of goods:
Soaps
Perfumery, essential oils, cosmetics, in particular make-up remover, eyebrow cosmetics, eyebrow pencils, depilatories, colorants for toilet purposes, adhesive for applying false eyelashes, cosmetic pencils, false nails, false eyelashes, nail varnish removing preparations, lipsticks, nail care preparation, nail polishing aids for spreading toes, ice goggles for cooling the eyes
Cosmetic kits, shaving preparations
Beauty masks, tissues, impregnated with cosmetic preparations, cotton wool for cosmetic purposes, cotton sticks for cosmetic purposes
Cosmetic preparations for baths.
The mark was filed in class 8 with Hand-operated tools and implements, cutlery, razors, in particular epilators, files, fingernail polishers, hairdressing implements, curling tongs, hair clippers, callous files, manicure, pedicure and shaving sets, manicure boxes, nail files, nail clippers, cuticle sticks, finger nail polishers, scissors, nail scissors, pincers, razors, cases for razors, razor blades, razors, shaving cases, cosmetic pencil sharpeners, eyelash curlers, eyelash shapers.
The mark was filed in class 9 with following description of goods:
Optical, weighing, measuring, signalling and checking (supervision) apparatus and instruments, data processing equipment, fire-extinguishing apparatus, thermometers
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Artificial limbs, eyes and teeth, orthopaedic articles, suture materials, in particular shoe inserts
Heated blankets for medical use
Inhalers
Esthetic massage apparatus
Gloves for massage.
The mark was filed in class 11 with Apparatus for heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, hot-water bottles.
The mark was filed in class 14 with Chains, rings, earrings, bracelets, ankle chains, fashion jewellery, all before mentioned goods not made of precious metals.
The mark was filed in class 16 with following description of goods:
Paper, cardboard and goods made from these materials, not included in other classes
Paintbrushes, face tissues of paper
Paper towels
Tissues of paper for removing make-up.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather, and goods made of these materials and not included in other classes
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, picture frames
Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics, basketwork, picture rods (frames)
Air cushions, not for medical purposes
Bolsters
Non-metal bottle caps
Bottle closures, not of metal
Inflatable publicity objects.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers (not of precious metal or coated therewith)
Combs and sponges
Brushes
Brush-making materials
Articles for cleaning purposes
Steelwool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware, not included in other classes, appliances for removing make-up (non electric), cosmetic brushes, soap boxes, electric combs, combs, combs cases, toilet cases, perfume sprayers, powder cases, shaving brushes, shaving brush hangers, cleaning wipes, toilet sponges, soap dishes, soap dispensers, soap holders, toilet utensils, eyelash combs, mouth-rinsing beakers, toothbrush cases, bed cover holders
Cosmetic utensils
Deodorising apparatus for personal use
Floss for dental purposes
Appliances for removing make-up, non-electric
Powder cases not made of precious metals
Powder puffs.
The mark was filed in class 24 with following description of goods:
Textiles and textile goods, not included in other classes
Bed and table covers, tissues of textile for removing make-up
Face towels [made of textile materials]
Towels of textile, Bath towels of textile
Textile napkins
Napkins, of cloth, for removing make-up
Face cloths
Bath mitts
Shower curtains of textile or plastic.
The mark was filed in class 25 with following description of goods:
Footwear, headgear, swimsuits, swimming caps, pool shoes, shower caps
Belts
Shawls
Hairdressers' capes
Hairdressers' hoods
Veils
Bath caps.
The mark was filed in class 26 with following description of goods:
Artificial flowers, hair bands
Brooches being clothing accessories
Hair bands
Hair colouring caps
Hair grips
Hair pins
Hair nets
Bows for the hair
Hair ornaments
Barrettes
Hair pieces
Hair nets
Hair curlers.
The mark was filed in class 27 with Carpets, rugs, mats and matting, in particular bath mats, materials for covering existing floors and wall hangings (non-textile)..